Tell HHS Why We Need Data on LGBTQ Foster and Adoptive Families and LGBTQ Foster Youth

Rainbow pencils(A guest post from the Every Child Deserves a Family Campaign.) Do you support LGBTQ foster youth and LGBTQ foster and adoptive families? If so, we encourage you to express your views to the U.S. Department of Health and Human Services before next Wednesday’s deadline on a regulation proposing changes to how adoption and foster care data is collected.

Unfortunately, data collection on LGBTQ youth and families—in this instance, foster and adoptive youth and families—is once again under attack by the Trump administration. We hope that you can submit comments on HHS’ proposed Adoption and Foster Care and Analysis Reporting System (AFCARS) rule by next week’s June 13 deadline.

LGBTQ and American Indian/Alaska Native youth, targeted in the proposed rule, are dramatically overrepresented in foster care and experience worse outcomes than their non-LGBTQ and non-Indian counterparts; elimination of data collection would significantly set back efforts to improve outcomes for these groups.

And, for the first time, HHS had planned to collect data on LGBQ foster and adoptive parents, which would help the over 100,000 foster youth currently waiting to be adopted—since approximately two million same-sex couples are interested in adopting but are often subjected to discriminatory barriers to doing so. But now that data collection is in jeopardy.

We encourage you to make the following points in your comments:

  1. I am writing to comment on the Notice of Proposed Rulemaking at 83 Fed. Reg. 11449 (“Proposed Rule”) proposing to streamline the Adoption and Foster Care Analysis and Reporting System (AFCARS) (RIN 0970-AC72).
  2. I urge HHS to retain the voluntary sexual orientation questions for foster youth and foster and adoptive parents and guardians, as well as the data element on the reason for removal of a child from a home due to “family conflict related to child’s sexual orientation, gender identity, or gender expression.”
  3. Studies show that approximately 19% of foster youth identify as LGBTQ, and they experience worse safety, well-being, and permanency outcomes than non-LGBTQ youth. For states and tribes to improve these outcomes and identify best practices for doing so, data collection on the state and national level is urgently needed.
  4. Same-sex couples foster at six times the rate of their opposite-sex counterparts, and can provide loving, supportive homes for America’s 400,000+ foster youth.
  5. I also urge HHS to retain the data elements related to the Indian Child Welfare Act, as American Indian and Native Alaskan foster youth are another vulnerable population overrepresented in foster care with worse safety, well-being, and permanency outcomes than non-Native youth.
  6. Please add WHY you support data collection on LGBTQ youth and families; explain why this issue matters to you.
  7. If you have experienced discrimination in foster care or adoption due to your sexual orientation, gender identity, or marital status, explain how this discrimination impacted your ability to provide a home for a child in need. (And, please share your foster care, adoption, or LGBTQ parenting story with your member of Congress by clicking here.)

Click here to send your comments to HHS or email them to CBComments@acf.hhs.gov. Be sure to reference RIN 0970-AC72 so that HHS knows what proposed rule you are commenting on.

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